When seeking to modify a custody or parent-time order the circumstances that existed at the time of entry of the custody order must have materially and substantially changed and the modification must be an improvement and in the best interest of the child.

There is also a requirement that the parties attempt mediation prior to filing a Petition to Modify custody or parent-time. The standard for reopening your case to determine the best interest of your child is low where the matter has never been heard by your judge. Our firm has extensive experience with modifying child custody orders.

Child Support:

Child support can be modified after an initial order is entered. If the obligor parent has another child the costs of that child may be applied to mitigate any increase in child support, but cannot decrease the most recent order.

If a child support order has not been issued or modified within the previous three years, either party, or the Office of Recovery Services may file a motion to adjust child support if the obligor’s ordered support amount is a difference of more than 10% and the difference is not of a temporary nature.

At any time, either party, or the Office of Recovery Services may petition to adjust a child support order if there has been a substantial change in circumstances that amounts to a difference of more than 15% from the original child support order. A substantial change in circumstances may include: material changes in custody, material changes in the relative wealth or assets of the parties; material changes of 30% or more in the income of a parent; material changes in employment potential; and material changes in the medical needs of a child.